Newton Abbot’s proposed new Aldi store has been thrown into doubt after a legal challenge has seen planning permission for the store quashed.

Teignbridge District Council’s planning committee gave the green light for a new store at Brunel Road Industrial Estate back in June 2017, and final approval was granted in December when an improved design was agreed by officers.

The budget supermarket giant’s application also included outline plans for additional land to be developed for small business units, which will be handed over free of charge to Teignbridge District Council, and around 50 new jobs would have been created when the Aldi store opened – with a planned opening date of Autumn 2018.

Artist impression of the new Newton Abbot Aldi

But a legal challenge to the High Court was submitted by action group Save Our Shed, who wanted the Victorian rail shed at the site to be saved from demolition, on the grounds that the officer’s report and Planning Committee decision didn’t provide sufficient justification for departing from the Conservation Officer’s advice regarding the impact on the setting of nearby designated heritage assets, meaning the committee couldn’t have properly considered this issue prior to making a decision.

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It has now been confirmed that all parties involved are supportive of getting a Court decision to quash the earlier planning permission.

A Teignbridge District Council spokesman said: “There was an option to contest this case and we gave careful consideration to the most appropriate course of action. Being mindful that legal challenges can cost public money, it was decided against doing this.

“The next step is for the application to be presented to councillors again. They will be given full guidance on how we’ve reached this situation so they can reconsider the matter.

Artist impression of the new Newton Abbot Aldi

“To ensure this process is legally binding a consent order has been signed, which means the High Court quashes the decision but without the time and resources spent on a court hearing. The application now returns to us so that a decision can be agreed upon.”

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It is hoped that the application will go back before the planning committee on February 20.

The existing railway shed

Cllr Dennis Smith, Teignbridge District Council’s Planning Committee Chairman added: “Our officers will always endeavour to present a fair report with expert advice and consultation responses so democratically elected councillors with local interests at heart can make informed decisions.

“In this case we accept a legal challenge was raised and we decided the most appropriate course of action was for us not to challenge this. We will now come together and reconsider the information presented to us, so that an informed decision can be made on this application.”

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Back in June, planners approved the Aldi scheme by 10 votes to six in June, but only after a vote to refuse the scheme ended in an 8-8 tie

Final planning approval was deferred until an acceptable design for the store was received as there were concerns over the loss of the railway heritage buildings, but planners in December received an acceptable design.

The proposed Aldi plan site

The proposed outlet would have comprised a 1,140 sq m (net) foodstore with 99 car parking spaces, as well as small units for employment, and in December, an ALDI spokesperson said: “We are pleased that the plans are progressing and hope local people will be able to enjoy shopping in ALDI Newton Abbot in Autumn 2018.”